RESOLUTION AND ORDINANCE CONCERNING PARKING REGULATION

Ordinance No. R93-116G

WHEREAS, The Board of County Commissioners of the County of Larimer finds that the control and regulation of movement and stopping, standing or parking of motor vehicles on public property and county roads is vital to the health, safety and welfare of the citizens of and visitors to Larimer County; and

WHEREAS, The Board of County Commissioners of the County of Larimer finds that the control and regulation of stopping, standing or parking of motor vehicles on public property and county roads is in the public interest; and

WHEREAS, The Board of County Commissioners of the County of Larimer finds that the control and regulation of stopping, standing or parking of motor vehicles on public property and public roads implicitly requires the county have the ability to enforce reasonable regulations; and

WHEREAS, The Board of County Commissioners of the County of Larimer recognizes the need for judicial economy and efficiency and believing such economy and efficiency can best be maximized through efforts to relieve pressure on already crowded court dockets; and

WHEREAS, The Board of County Commissioners of the County of Larimer finds that the State of Colorado has defined counties as local authorities in Section 42-1-102 (38) C.R.S. with all the power and authority set forth in Section 42-4-101 et seq. C.R.S.; and

WHEREAS, The Board of County Commissioners of the County of Larimer finds that it has been empowered to promulgate and adopt such regulations pursuant to Section 42-4-101, et seq. C.R.S. and Section 30-15-401, et seq. C.R.S.; and

WHEREAS, the Resolution and Ordinance Concerning Parking herein has been read at a preceding meeting of the Board of County Commissioners and has been published in full in a newspaper of general circulation for Larimer County at least ten (10) days prior to the date hereof.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Larimer, State of Colorado, that all previous resolutions and ordinances concerning the stopping, standing or parking of motor vehicles on public property or county roads are hereby repealed, and that the Resolution and Ordinance Concerning Parking attached hereto and incorporated herein as Exhibit "A" be and hereby is formally adopted as of this date.

BE IT FURTHER RESOLVED that following its adoption, the resolution and ordinance herein be published in a newspaper of general circulation in accordance with Section 30-15-405 C.R.S. (by title only, containing the date of initial publication, and reprinting in full any section, subsection or paragraph of said Resolution and Ordinance which was amended following the initial publication).

EXHIBIT "A"

RESOLUTION AND ORDINANCE CONCERNING PARKING

BE IT ORDAINED by the Board of County Commissioners of Larimer County:

Section I. Parking In Violation Of Posted Limits:

1. Pursuant to Section 30-15-401 (1)(h), the Larimer County Public Works Division shall determine which roads, streets or highways within Larimer County require parking restrictions in order to promote the smooth flow of traffic and protect the health safety and welfare of the residents of and visitors to Larimer County and what type of regulations are necessary, including but not limited to; no parking zones, time limited parking or residential parking permits based on weight and safety and designed to restrict or regulate truck parking in residential areas, are necessary to implement this resolution and ordinance.
2. The Larimer County Public Works Division shall develop and promulgate such regulations or restrictions as it deems necessary to implement this resolution and ordinance and to spend such sums, approved by resolution of the Board of County Commissioners for Larimer County, which are reasonably necessary for the erection of signs and other devices to give reasonable notice to operators of motor vehicles of such restrictions.
3. Pursuant to Sections 43-2-135 (1) (g) and 42-4-108 (1)(e) C.R.S., the Public Works Division shall send all approved regulations which apply to state highways in Larimer County to the Colorado Department of Transportation for approval. Such regulations shall not become effective until either written approval is received from the Department of Transportation, or no written disapproval has been received from the Department of Transportation sixty one (61) days after receipt of such regulations for review.
4. Pursuant to Section 30-15-402 C.R.S., violation of this ordinance shall constitute a Class 2 Petty Offense. Violations of this ordinance shall be enforced through the penalty assessment procedure set forth in Section 16-2-201 C.R.S. Service of the penalty assessment notice upon the owner or operator of the vehicle may be obtained by placing the notice on the vehicle.
5. Every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of any provision of this ordinance or any duly posted regulation of any provision of this ordinance or any duly posted regulation or restriction promulgated by the Larimer County Public Works Division shall be fined in the amount of $30.00.

Section II. Severability:

Should any section, clause, sentence, or part of this Resolution and Ordinance be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, the same shall not affect, impair or invalidate the regulation as a whole or any part thereof other than the part so declared to be invalid.

Section III. Safety Clause:

This Board of County Commissioners hereby finds, determines and declares that this Resolution and Ordinance is necessary for the immediate preservation of the public welfare, health and safety.

Section IV. Publication and Effective Date:

Following its adoption, this Resolution and Ordinance shall be published in full in a newspaper of general circulation for Larimer County once by title only with the date of the initial publication and containing any section, subsection or paragraph of the ordinance which was amended following the initial publication and shall take effect thirty (30) days after the date of the publication in said newspaper.

Upon Motion duly made and seconded, the foregoing Resolution and Ordinance was adopted on August 25, 1993.

Courtlyn W. Hotchkiss
Chairman, Board of County Commissioners


ATTESTATION:
I, Myrna J. Rodenberger, Larimer County Clerk, attest that the foregoing Resolution and Ordinance Concerning Parking was read at a meeting of the Board of County commissioners and has been published in full in a newspaper of general circulation for Larimer County at least ten (10) days prior to the date of its adoption, in compliance with Section 30-15-406 C.R.S. as amended.

Myrna J. Rodenberger
Clerk and Recorder